[Introduced March 8, 2013; referred to the Committee on the
Judiciary.]

____________

A BILL to amend and reenact §5-11-2, §5-11-3, §5-11-4, §5-11-8,
§5-11-9 and §5-11-13 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §5-11A-3, §5-11A-5, §5-11A-6
and §5-11A-7 of said code, all relating to unlawful
discriminatory practices; prohibiting discrimination based
upon age or sexual orientation; and defining “sexual
orientation”.

Be it enacted by the Legislature of West Virginia:

That §5-11-2, §5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13
of the Code of West Virginia, 1931, as amended, be amended and
reenacted; and that §5-11A-3, §5-11A-5, §5-11A-6 and §5-11A-7 of
said code be amended and reenacted, all to read as follows:

ARTICLE 11. HUMAN RIGHTS COMMISSION.

§5-11-2. Declaration of policy.

It is the public policy of the State of West Virginia to
provide all of its citizens equal opportunity for employment, equal
access to places of public accommodations, and equal opportunity in
the sale, purchase, lease, rental and financing of housing
accommodations or real property. Equal opportunity in the areas of
employment and public accommodations is hereby declared to be a
human right or civil right of all persons without regard to race,
religion, color, national origin, ancestry, sex, age, sexual
orientation, blindness or disability. Equal opportunity in housing
accommodations or real property is hereby declared to be a human
right or civil right of all persons without regard to race,
religion, color, national origin, ancestry, sex, blindness, sexual
orientation, disability or familial status.

The denial of these rights to properly qualified persons by
reason of race, religion, color, national origin, ancestry, sex,
age, sexual orientation, blindness, disability or familial status
is contrary to the principles of freedom and equality of
opportunity and is destructive to a free and democratic society.

§5-11-3. Definitions.

When used in this article:

(a) The term “person” means one or more individuals,
partnerships, associations, organizations, corporations, labor
organizations, cooperatives, legal representatives, trustees,
trustees in bankruptcy, receivers and other organized groups of
persons;

(b) The term “commission” means the West Virginia Human Rights
Commission;

(c) The term “director” means the executive director of the
commission;

(d) The term “employer” means the state, or any political
subdivision thereof, and any person employing twelve or more
persons within the state for twenty or more calendar weeks in the
calendar year in which the act of discrimination allegedly took
place or the preceding calendar year: Provided, That suchthe
terms shallmay not be taken, understood or construed to include a
private club:Provided, however, That this article, with regards
to sexual orientation, shall not apply to a corporation,
association, educational institution or institution of learning, or
society that is exempt from the religious discrimination provisions
of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq.) pursuant to section 702(a) or 703(e)(2) of such Act (42
U.S.C. 2000e-1(a), 2000e-2(e)(2)), except in the operation of a
program funded by the state;

(e) The term “employee” shalldoes not include any individual
employed by his or her parents, spouse or child;

(f) The term “labor organization” includes any organization
which exists for the purpose, in whole or in part, of collective
bargaining or of dealing with employers concerning grievances,
terms or conditions of employment or for other mutual aid or
protection in relation to employment;

(g) The term “employment agency” includes any person
undertaking, with or without compensation, to procure, recruit,
refer or place employees. A newspaper engaged in the activity of
advertising in the normal course of its business shall not be
deemed to be an employment agency;

(h) The term “discriminate” or “discrimination” means to
exclude from, or fail or refuse to extend to, a person equal
opportunities because of race, religion, color, national origin,
ancestry, sex, age, sexual orientation, blindness, disability or
familial status and includes to separate or segregate;

(i) The term “unlawful discriminatory practices” includes only
those practices specified in section nine of this article;

(j) The term “place of public accommodations” means any
establishment or person, as defined herein, including the state, or
any political or civil subdivision thereof, which offers its
services, goods, facilities or accommodations to the general
public, but shalldoes not include any accommodations which are in
their nature private. To the extent that any penitentiary,
correctional facility, detention center, regional jail or county
jail is a place of public accommodation, the rights, remedies and
requirements provided by this article for any violation of
subdivision (6), section nine of this article shalldo not apply to
any person other than: (1) Any person employed at a penitentiary,
correctional facility, detention center, regional jail or county
jail; (2) any person employed by a law-enforcement agency; or (3)
any person visiting any such employee or visiting any person
detained in custody at suchthe facility;

(k) The term “age” means the age of forty or above;

(l) For the purpose of this article, a person shall be
considered to be blind only if his or her central visual acuity
does not exceed twenty/two hundred in the better eye with
correcting lenses, or if his or her visual acuity is greater than
twenty/two hundred but is occasioned by a limitation in the fields
of vision such that the widest diameter of the visual field
subtends an angle no greater than twenty degrees; and

(m) The term “disability” means:

(1) A mental or physical impairment which substantially limits
one or more of suchthe person’s major life activities. The term
“major life activities” includes functions such as caring for one’s
self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning and working;

(2) A record of such impairment; or

(3) Being regarded as having such an impairment.

For the purposes of this article, this term does not include
persons whose current use of or addiction to alcohol or drugs
prevents such personsthe individual from performing the duties of
the job in question or whose employment, by reason of such current
alcohol or drug abuse, would constitute a direct threat to property
or the safety of others; and

The commission shall havehas the power and authority and
shall perform the functions and services as in this article
prescribed and as otherwise provided by law. The commission shall
encourage and endeavor to bring about mutual understanding and
respect among all racial, religious and ethnic groups within the
state and shall strive to eliminate all discrimination in
employment and places of public accommodations by virtue of race,
religion, color, national origin, ancestry, sex, age, sexual
orientation, blindness or handicapdisability and shall strive to
eliminate all discrimination in the sale, purchase, lease, rental
or financing of housing and other real property by virtue of race,
religion, color, national origin, ancestry, sex, age, sexual
orientation, blindness, handicapdisability or familial status.

§5-11-8. Commission powers; functions; services.

The commission is hereby authorized and empowered:

(a) To cooperate and work with federal, state and local
government officers, units, activities and agencies in the
promotion and attainment of more harmonious understanding and
greater equality of rights between and among all racial, religious
and ethnic groups in this state;

(b) To enlist the cooperation of racial, religious and ethnic
units, community and civic organizations, industrial and labor
organizations and other identifiable groups of the state in
programs and campaigns devoted to the advancement of tolerance,
understanding and the equal protection of the laws of all groups
and peoples;

(c) To receive, investigate and pass upon complaints alleging
discrimination in employment or places of public accommodations,
because of race, religion, color, national origin, ancestry, sex,
age, sexual orientation, blindness or disability, and complaints
alleging discrimination in the sale, purchase, lease, rental and
financing of housing accommodations or real property because of
race, religion, color, national origin, ancestry, sex, age, sexual
orientation, blindness, disability or familial status, and to
initiate its own consideration of any situations, circumstances or
problems, including therein any racial, religious or ethnic group
tensions, prejudice, disorder or discrimination reported or
existing within the state relating to employment, places of public
accommodations, housing accommodations and real property;

(d) To hold and conduct public and private hearings, in the
county where the respondent resides or transacts business or where
agreed to by the parties or where the acts complained of occurred,
on complaints, matters and questions before the commission and, in
connection therewith, relating to discrimination in employment or
places of public accommodations, housing accommodations or real
property and during the investigation of any formal complaint
before the commission relating to employment, places of public
accommodations, housing accommodations or real property to:

(1) Issue subpoenas and subpoenas duces tecum upon the
approval of the executive director or the chairperson of the
commission; administer oaths; take the testimony of any person
under oath; and make reimbursement for travel and other reasonable
and necessary expenses in connection with such attendance;

(2) Furnish copies of public hearing records to parties
involved therein upon their payment of the reasonable costs thereof
to the commission;

(3) Delegate to an administrative law judge who shall be an
attorney, duly licensed to practice law in West Virginia, the power
and authority to hold and conduct hearings, as herein provided, to
determine all questions of fact and law presented during the
hearing and to render a final decision on the merits of the
complaint, subject to the review of the commission as hereinafter
set forth.

Any respondent or complainant who shall feel aggrieved at any
final action of an administrative law judge shall file a written
notice of appeal with the commission by serving such notice on the
executive director and upon all other parties within thirty days
after receipt of the administrative law judge’s decision. The
commission shall limit its review upon such appeals to whether the
administrative law judge’s decision is:

(A) In conformity with the Constitution and the laws of the
state and the United States;

(B) Within the commission’s statutory jurisdiction or
authority;

(C) Made in accordance with procedures required by law or
established by appropriate rules of the commission;

(D) Supported by substantial evidence on the whole record; or

(E) Not arbitrary, capricious or characterized by abuse of
discretion or clearly unwarranted exercise of discretion.

(4) To enter into conciliation agreements and consent orders.

Each conciliation agreement shall include provisions requiring
the respondent to refrain from the commission of unlawful
discriminatory practices in the future and shall contain such
further provisions as may be agreed upon by the commission and the
respondent.

If the respondent and the commission agree upon conciliation
terms, the commission shall serve upon the complainant a copy of
the proposed conciliation agreement. If the complainant agrees to
the terms of the agreement or fails to object to such terms within
fifteen days after its service upon him or her, the commission
shall issue an order embodying such conciliation agreement. If the
complainant objects to the agreement, he or she shall serve a
specification of his or her objections upon the commission within
suchthis period. Unless such objections are met or withdrawn
within ten days after service thereof, the commission shall notice
the complaint for hearing.

Notwithstanding any other provisions of this section, the
commission may, where it finds the terms of the conciliation
agreement to be in the public interest, execute such agreement, and
limit the hearing to the objections of the complainant.

If a conciliation agreement is entered into, the commission
shall serve a copy of the order embodying such agreement upon all
parties to the proceeding.

Not later than one year from the date of a conciliation
agreement, the commission shall investigate whether the respondent
is complying with the terms of such agreement. Upon a finding of
noncompliance, the commission shall take appropriate action to
assure compliance;

(5) To apply to the circuit court of the county where the
respondent resides or transacts business for enforcement of any
conciliation agreement or consent order by seeking specific
performance of such agreement or consent order;

(6) To issue cease and desist orders against any person found,
after a public hearing, to have violated the provisions of this
article or the rules of the commission;

(7) To apply to the circuit court of the county where the
respondent resides or transacts business for an order enforcing any
lawful cease and desist order issued by the commission;

(e) To recommend to the Governor and Legislature policies,
procedures, practices and legislation in matters and questions
affecting human rights;

(f) To delegate to its executive director such powers, duties
and functions as may be necessary and expedient in carrying out the
objectives and purposes of this article;

(g) To prepare a written report on its work, functions and
services for each year ending on June 30 and to deliver copies
thereof to the Governor on or before December 1, next thereafter;

(h) To do all other acts and deeds necessary and proper to
carry out and accomplish effectively the objects, functions and
services contemplated by the provisions of this article, including
the promulgation of legislative rules in accordance with the
provisions of article three, chapter twenty-nine-a of this code,
implementing the powers and authority hereby vested in the
commission;

(i) To create such advisory agencies and conciliation
councils, local, regional or statewide, as in its judgment will aid
in effectuating the purposes of this article, to study the problems
of discrimination in all or specific fields or instances of
discrimination because of race, religion, color, national origin,
ancestry, sex, age, sexual orientation, blindness, disability or
familial status; to foster, through community effort or otherwise,
goodwill, cooperation and conciliation among the groups and
elements of the population of this state, and to make
recommendations to the commission for the development of policies
and procedures, and for programs of formal and informal education,
which the commission may recommend to the appropriate state agency.
Such advisory agencies and conciliation councils shall be composed
of representative citizens serving without pay. The commission may
itself make the studies and perform the acts authorized by this
subdivision. It may, by voluntary conferences with parties in
interest, endeavor by conciliation and persuasion to eliminate
discrimination in all the stated fields and to foster goodwill and
cooperation among all elements of the population of the state;

(j) To accept contributions from any person to assist in the
effectuation of the purposes of this section and to seek and enlist
the cooperation of private, charitable, religious, labor, civic and
benevolent organizations for the purposes of this section;

(k) To issue such publications and such results of
investigation and research as in its judgment will tend to promote
goodwill and minimize or eliminate discrimination: Provided, That
the identity of the parties involved shallmay not be disclosed.

§5-11-9. Unlawful discriminatory practices.

It shall be an unlawful discriminatory practice, unless based
upon a bona fide occupational qualification, or except where based
upon applicable security regulations established by the United
States or the State of West Virginia or its agencies or political
subdivisions:

(1) For any employer to discriminate against an individual
with respect to compensation, hire, tenure, terms, conditions or
privileges of employment if the individual is able and competent to
perform the services required even if suchthe individual is blind
or disabled: Provided, That it shallmay not be an unlawful
discriminatory practice for an employer to observe the provisions
of any bona fide pension, retirement, group or employee insurance
or welfare benefit plan or system not adopted as a subterfuge to
evade the provisions of this subdivision;

(2) For any employer, employment agency or labor organization,
prior to the employment or admission to membership, to: (A) Elicit
any information or make or keep a record of or use any form of
application or application blank containing questions or entries
concerning the race, religion, color, national origin, ancestry,
sex, sexual orientation or age of any applicant for employment or
membership; (B) print or publish or cause to be printed or
published any notice or advertisement relating to employment or
membership indicating any preference, limitation, specifications or
discrimination based upon race, religion, color, national origin,
ancestry, sex, sexual orientation, disability or age; or (C) deny
or limit, through a quota system, employment or membership because
of race, religion, color, national origin, ancestry, sex, age,
sexual orientation, blindness or disability;

(3) For any labor organization because of race, religion,
color, national origin, ancestry, sex, age, sexual orientaiton,
blindness or disability of any individual to deny full and equal
membership rights to any individual or otherwise to discriminate
against such individual with respect to hire, tenure, terms,
conditions or privileges of employment or any other matter,
directly or indirectly, related to employment;

(A) Select individuals for an apprentice training program
registered with the State of West Virginia on any basis other than
their qualifications as determined by objective criteria which
permit review;

(B) Discriminate against any individual with respect to his or
her right to be admitted to or participate in a guidance program,
an apprenticeship training program, on-the-job training program or
other occupational training or retraining program;

(C) Discriminate against any individual in his or her pursuit
of suchthese programs or to discriminate against such a person in
the terms, conditions or privileges of such programs;

(D) Print or circulate or cause to be printed or circulated
any statement, advertisement or publication, or to use any form of
application for these programs or to make any inquiry in connection
with a program which expresses, directly or indirectly,
discrimination or any intent to discriminate unless based upon a
bona fide occupational qualification;

(5) For any employment agency to fail or refuse to classify
properly, refer for employment or otherwise to discriminate against
any individual because of his or her race, religion, color,
national origin, ancestry, sex, age, sexual orientation, blindness
or disability;

(6) For any person being the owner, lessee, proprietor,
manager, superintendent, agent or employee of any place of public
accommodations to:

(A) Refuse, withhold from or deny to any individual because of
his or her race, religion, color, national origin, ancestry, sex,
age, sexual orientation, blindness or disability, either directly
or indirectly, any of the accommodations, advantages, facilities,
privileges or services of the place of public accommodations;

(B) Publish, circulate, issue, display, post or mail, either
directly or indirectly, any written or printed communication,
notice or advertisement to the effect that any of the
accommodations, advantages, facilities, privileges or services of
any such place shall be refused, withheld from or denied to any
individual on account of race, religion, color, national origin,
ancestry, sex, age, sexual orientation, blindness or disability, or
that the patronage or custom thereat of any individual, belonging
to or purporting to be of any particular race, religion, color,
national origin, ancestry, sex, sexual orientation or age, or who
is blind or disabled, is unwelcome, objectionable, not acceptable,
undesired or not solicited; or

(A) Engage in any form of threats or reprisal, or to engage
in, or hire, or conspire with others to commit acts or activities
of any nature, the purpose of which is to harass, degrade,
embarrass or cause physical harm or economic loss or to aid, abet,
incite, compel or coerce any person to engage in any of the
unlawful discriminatory practices defined in this section;

(B) Willfully obstruct or prevent any person from complying
with the provisions of this article, or to resist, prevent, impede
or interfere with the commission or any of its members or
representatives in the performance of a duty under this article; or

(C) Engage in any form of reprisal or otherwise discriminate
against any person because he or she has opposed any practices or
acts forbidden under this article or because he or she has filed a
complaint, testified or assisted in any proceeding under this
article.

§5-11-13. Exclusiveness of remedy; exceptions.

(a) Except as provided in subsection (b), nothing contained in
this article shall be deemedconsidered to repeal or supersede any
of the provisions of any existing or hereafter adopted municipal
ordinance, municipal charter or of any law of this state relating
to discrimination because of race, religion, color, national
origin, ancestry, sex, age, sexual orientation, blindness or
disability, but as to acts declared unlawful by section nine of
this article the procedure herein provided shall, when invoked, be
exclusive and the final determination therein shall exclude any
other action, civil or criminal, based on the same grievance of the
complainant concerned. If such complainant institutes any action
based on such grievance without resorting to the procedure provided
in this article, he or she may not subsequently resort to the
procedure herein. In the event of a conflict between the
interpretation of a provision of this article and the
interpretation of a similar provision contained in any municipal
ordinance authorized by charter, the interpretation of the
provision in this article shall apply to such municipal ordinance.

(b) Notwithstanding the provisions of subsection (a) of this
section, a complainant may institute an action against a respondent
in the county wherein the respondent resides or transacts business
at any time within ninety days after the complainant is given
notice of a right to sue pursuant to this subsection or, if the
statute of limitations on the claim has not expired at the end of
such ninety-day period, then at any time during which such statute
of limitations has not expired. If a suit is filed under this
section the proceedings pending before the commission shall be
deemed concluded.

The commission shall give a complainant who has filed a
complaint a notice of a right to sue upon: (1) The dismissal of
the complaint for any reason other than an adjudication of the
merits of the case; or (2) the request of a complainant at any time
after the timely filing of the complaint in any case which has not
been determined on its merits or has not resulted in a conciliation
agreement to which the complainant is a party. Upon the issuance
of a right to sue letter pursuant to subdivision (1) or (2), the
commission may dismiss the complaint.

Notice of right to sue shall be given immediately upon
complainant being entitled thereto, by personal service or
certified mail, return receipt requested, which notice shall inform
the complainant in plain terms of his or her right to institute a
civil action as provided in this section within ninety days of the
giving of such notice. Service of the notice shall be complete
upon mailing.

(c) In any action filed under this section, if the court finds
that the respondent has engaged in or is engaging in an unlawful
discriminatory practice charged in the complaint, the court shall
enjoin the respondent from engaging in such unlawful discriminatory
practice and order affirmative action which may include, but is not
limited to, reinstatement or hiring of employees, granting of back
pay or any other legal or equitable relief as the court deems
appropriate. In actions brought under this section, the court in
its discretion may award all or a portion of the costs of
litigation, including reasonable attorney fees and witness fees, to
the complainant.

(d) The provisions of this section shall be available to all
complainants whose active cases are pending before the Human Rights
Commission as well as those complainants who file after the
effective date of this section.

ARTICLE 11A. WEST VIRGINIA FAIR HOUSING ACT.

§5-11A-3. Definitions.

As used in this article:

(a) "Commission" means the West Virginia Human Rights
Commission;

(b) "Dwelling" means any building, structure or portion
thereof which is occupied as, or designed or intended for occupancy
as, a residence or sleeping place by one or more persons or
families and any vacant land which is offered for sale or lease for
the construction or location thereon of any such building,
structure or portion thereof;

(c) "Family" includes a single individual;

(d) "Person" includes one or more individuals, corporations,
partnerships, associations, labor organizations, legal
representatives, mutual companies, joint-stock companies, trusts,
unincorporated organizations, trustees, trustees in cases under
Title 11 of the United States Code, receivers and fiduciaries;

(e) "To rent" includes to lease, to sublease, to let and
otherwise to grant for a consideration the right to occupy premises
not owned by the occupant;

(f) "Discriminatory housing practice" means an act that is
unlawful under section five, six, seven or nineteen of this
article;

(g) "Handicap"“Disability” means, with respect to a person:

(1) A physical or mental impairment which substantially limits
one or more of such person's major life activities;

(2) A record of having such an impairment; or

(3) Being regarded as having such an impairment, but such term
does not include current, illegal use of or addiction to a
controlled substance, as defined in Section 102 of the Controlled
Substances Act, Title 21, United States Code, Section 802;

(h) "Aggrieved person" includes any person who:

(1) Claims to have been injured by a discriminatory housing
practice; or

(2) Believes that such person will be injured by a
discriminatory housing practice that is about to occur;

(i) "Complainant" means the person, including the commission,
who files a complaint under section eleven of this article;

(j) "Familial status" means:

(1) One or more individuals who have not attained the age of
eighteen years being domiciled with:

(A) A parent or another person having legal custody of such
individual or individuals; or

(B) The designee of such parent or other person having such
custody with the written permission of such parent or other person;
or

(2) Any person who is pregnant or is in the process of
securing legal custody of any individual who has not attained the
age of eighteen years;

(k) "Conciliation" means the attempted resolution of issues
raised by a complaint or by the investigation of such complaint
through informal negotiations involving the aggrieved person, the
respondent and the commission;

(l) "Conciliation agreement" means a written agreement setting
forth the resolution of the issues in conciliation;

(1) The person or other entity accused in a complaint of an
unfair housing practice; and

(2) Any other person or entity identified in the course of
investigation and notified as required with respect to respondents
so identified under subsection (a), section eleven of this article;

(n)(o) The term "rooming house" means a house or building
where there are one or more bedrooms which the proprietor can spare
for the purpose of giving lodgings to such persons as he or she
chooses to receive; and

(o)(p) The term “basic universal design” means the design of
products and environments to be useable by all people, to the
greatest extent possible, without the need for adaptation or
specialization.

§5-11A-5. Discrimination in sale or rental of housing and other
prohibited practices.

As made applicable by section four of this article and except
as exempted by sections four and eight of this article, it shall beis unlawful:

(a) To refuse to sell or rent after the making of a bona fide
offer, or to refuse to negotiate for the sale or rental of, or
otherwise make unavailable or deny, a dwelling to any person
because of race, color, religion, ancestry, sex, age, sexual
orientation, familial status, blindness, handicapdisability or
national origin;

(b) To discriminate against any person in the terms,
conditions or privileges of sale or rental of a dwelling, or in the
provision of services or facilities in connection therewith,
because of race, color, religion, ancestry, sex, age, sexual
orientation, familial status, blindness, handicapdisability or
national origin;

(c) To make, print or publish, or cause to be made, printed or
published any notice, statement or advertisement, with respect to
the sale or rental of a dwelling that indicates any preference,
limitation or discrimination based on race, color, religion, sex,
age, sexual orientation, blindness, handicapdisability, familial
status, ancestry or national origin, or an intention to make any
such preference, limitation or discrimination;

(d) To represent to any person because of race, color,
religion, sex, age, sexual orientation, blindness, handicapdisability, familial status, ancestry or national origin that any
dwelling is not available for inspection, sale or rental when suchthe dwelling is in fact so available;

(e) For profit, to induce or attempt to induce any person to
sell or rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of
a particular race, color, religion, sex, age, sexual orientation,
blindness, handicapdisability, familial status, ancestry or
national origin; or

(f) (1) To discriminate in the sale or rental, or to otherwise
make unavailable or deny, a dwelling to any buyer or renter because
of a handicap of: (A) That buyer or renter; (B) a person residing
in or intending to reside in that dwelling after it is so sold,
rented or made available; or (C) any person associated with that
buyer or renter.

(2) To discriminate against any person in the terms,
conditions or privileges of sale or rental of a dwelling, or in the
provision of services or facilities in connection with such
dwelling, because of a handicapdisability of: (A) That person;
(B) a person residing in or intending to reside in that dwelling
after it is so sold, rented or made available; or (C) any person
associated with that person.

(3) For purposes of this subdivision, discrimination includes:

(A) A refusal to permit, at the expense of the handicapped
person, reasonable modifications of existing premises occupied or
to be occupied by such person if such modifications may be
necessary to afford such person full enjoyment of the premises,
except that, in the case of a rental, the landlord may where it is
reasonable to do so condition permission for a modification on the
renter agreeing to restore the interior of the premises to the
condition that existed before the modification, reasonable wear and
tear excepted;

(B) A refusal to make reasonable accommodations in rules,
policies, practices or services when such accommodations may be
necessary to afford such person equal opportunity to use and enjoy
a dwelling; or

(C) In connection with the design and construction of covered
multifamily dwellings for first occupancy after the date that is
thirty months after the date of enactment of the West Virginia fair
housing act, a failure to design and construct those dwellings in
such a manner that:

(i) The public use and common use portions of such dwellings
are readily accessible to and usable by handicapped persons;

(ii) All the doors designed to allow passage into and within
all premises within such dwellings are sufficiently wide to allow
passage by handicapped persons in wheelchairs; and

(iii) All premises within such dwellings contain the following
features of adaptive design: (I) An accessible route into and
through the dwelling; (II) light switches, electrical outlets,
thermostats and other environmental controls in accessible
locations; (III) reinforcements in bathroom walls to allow later
installation of grab bars; and (IV) usable kitchens and bathrooms
such that an individual in a wheelchair can maneuver about the
space.

(4) Compliance with the appropriate requirements of the
American national standard for buildings and facilities providing
accessibility and usability for physically handicapped people,
commonly cited as ANSI A117.1, suffices to satisfy the requirements
of subparagraph (3)(C)(iii) of this subdivision.

(5) (A) If a unit of general local government has incorporated
into its laws the requirements set forth in subparagraph (3)(C) of
this subdivision, compliance with such laws shall be deemed to
satisfy the requirements of that subparagraph.

(B) The commission or unit of general local government may
review and approve newly constructed covered multifamily dwellings
for the purpose of making determinations as to whether the design
and construction requirements of subparagraph (3)(C) of this
subdivision are met.

(C) The commission shall encourage, but may not require, units
of local government to include in their existing procedures for the
review and approval of newly constructed covered multifamily
dwellings, determinations as to whether the design and construction
of such dwellings are consistent with subparagraph (3)(C) of this
subdivision, and may provide technical assistance to units of local
government and other persons to implement the requirements of suchthat subparagraph.

(D) Nothing in this article shall be construed to requirerequires the commission to review or approve the plans, designs or
construction of all covered multifamily dwellings to determine
whether the design and construction of suchthe dwellings are
consistent with the requirements of subparagraph (3)(C) of this
subdivision.

(6) (A) Nothing in paragraph (5) of this subdivision shall be
construed to affectaffects the authority and responsibility of the
commission or a local public agency to receive and process
complaints or otherwise engage in enforcement activities under this
article.

(B) Determinations by a unit of general local government under
subparagraphs (5)(A) and (B) of this subdivision shall not beare
not conclusive in enforcement proceedings under this article.

(7) As used in this section, the term "covered multifamily
dwellings" means: (A) Buildings consisting of four or more units
if such buildings have one or more elevators; and (B) ground floor
units in other buildings consisting of four or more units.

(8) Nothing in this article shall be construed to invalidate
or limitinvalidates or limits any law of this state or any
political subdivision hereof that requires dwellings to be designed
and constructed in a manner that affords handicapped persons
greater access than is required by this article.

(9) Nothing in this section requires that a dwelling be made
available to an individual whose tenancy would constitute a direct
threat to the health or safety of other individuals or whose
tenancy would result in substantial physical damage to the property
of others. The burden of proving such threat to health or safety
or the likelihood of such damage shall be upon the respondent.

(a) It shall be unlawful for any person or other entity whose
business includes engaging in residential real estate-related
transactions to discriminate against any person in making available
such a transaction or in the terms or conditions of such a
transaction because of race, color, religion, sex, age, sexual
orientation, blindness, handicapdisability, familial status,
ancestry or national origin.

(b) As used in this section, the term "residential real
estate-related transaction" means any of the following:

(1) The making or purchasing of loans or providing other
financial assistance: (A) For purchasing, constructing, improving,
repairing or maintaining a dwelling; or (B) secured by residential
real estate; or

(2) The selling, brokering or appraising of residential real
property.

(c) Nothing in this article prohibits a person engaged in the
business of furnishing appraisals of real property to take into
consideration factors other than race, color, religion, national
origin, ancestry, sex, age, sexual orientation, blindness, handicapdisability or familial status.

§5-11A-7. Discrimination in provision of brokerage services.

It shall beis unlawful to deny any person access to or
membership or participation in any multiple listing service, real
estate broker's organization or other service, organization or
facility relating to the business of selling or renting dwellings,
or to discriminate against him or her in the terms or conditions of
suchthe access, membership or participation on account of race,
color, religion, sex, age, sexual orientation, blindness, handicapdisability, familial status, ancestry or national origin.

NOTE: The purpose of this bill is to add “sexual orientation”
to the categories covered by the Human Rights Act, prohibiting
discrimination in employment and places of public accommodation;
add “age” and “sexual orientation” to the categories covered by the
Fair Housing Act prohibiting discrimination in housing; and define
“sexual orientation”.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.